If you have built a strong record in your field, you may be wondering whether it can support a Green Card petition. EB-1 and EB-2 are employment-based options with distinct eligibility standards and evidence requirements.
Some EB-2 applicants may also request a National Interest Waiver (NIW), which can waive the usual job offer and labor certification requirements if the case qualifies. E-Z Immigration helps clients compare these pathways, review relevant evidence, and understand the steps involved.
Two employment-based classifications, each with distinct eligibility standards and petition requirements.
EB-1 & EB-2 Explained
EB-1 and EB-2 are employment-based immigrant classifications that can lead to U.S. permanent residence. EB-1 includes individuals with extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. EB-2 is for qualifying professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business.
Many employment-based cases require a U.S. employer to offer a permanent job. The employer may also need to obtain labor certification from the U.S. Department of Labor. EB-1A applicants can file for themselves, and an EB-2 applicant may request a National Interest Waiver (NIW).
Each route has its own eligibility rules. An NIW is a request to waive the usual job offer and labor certification requirements for a qualifying EB-2 case. It does not create a separate visa category.
EB-1 Classifications
The EB-1 classification includes three categories for individuals with extraordinary ability, outstanding professors or researchers, and certain multinational managers or executives. Each category has distinct standards and filing requirements.
EB-1A is for people who have reached the top of their field in the sciences, arts, education, business, or athletics and can show sustained national or international acclaim. The applicant files the petition and must plan to continue working in that field in the United States. A job offer is not required.
USCIS reviews the evidence under its criteria and considers the record as a whole. Meeting individual criteria alone does not establish eligibility.
EB-1B is for outstanding professors and researchers who are internationally recognized in an academic field and have at least three years of relevant teaching or research experience.
A U.S. employer files the petition and must offer a qualifying tenured, tenure-track, or research position.
EB-1C may fit certain executives and managers transferring to a U.S. company related to their foreign employer.
The companies must have a qualifying relationship, and both the employee’s work history and U.S. role must meet the category’s requirements.
Category requirements are specific. The appropriate evidence depends on the EB-1 category and the facts of the individual case.
Employment-Based Immigration Support
We help individuals and employers understand potential employment-based Green Card options, relevant requirements, and the evidence and steps involved in a petition.
We review your education, work history, achievements, plans in the United States, and any employer sponsorship. The goal is to identify which categories may be worth exploring and what requirements apply to each.
We help applicants understand the EB-1A criteria and organize records of their work and recognition. Depending on the field, relevant evidence may include awards, coverage about the applicant’s work, judging, original contributions, scholarly articles, or a leading role in a distinguished organization.
For qualifying cases, we work with employers and employees to document the offered position, the relationship between the companies, and the person’s relevant work history.
We help clients review whether their education or experience may meet the EB-2 advanced-degree or exceptional-ability requirements and identify records that may support the petition.
We help applicants describe the work they plan to pursue and gather evidence about their background, progress to date, plans, and the potential importance of that work. Each case is built around the applicant’s particular endeavor and record.
We help organize supporting documents and explain filing steps. If USCIS sends a Request for Evidence or another notice, we can review what it asks for and discuss a response in light of the notice deadline and case details.
USCIS decides each petition based on its record. Guidance can help clarify requirements and organize a case, but no filing strategy can promise an approval.
Potential Employment-Based Pathways
You might want to learn more about these categories if you are:
A professional with an advanced degree and substantial experience in your field.
A researcher, professor, or academic professional with a record of recognition.
A scientist, engineer, healthcare professional, entrepreneur, or other expert advancing a defined endeavor.
An individual with sustained recognition or achievements in business, education, the arts, sciences, or athletics.
An executive or manager transferring from a qualifying foreign organization to a related U.S. business.
An employer exploring permanent residence for a qualifying employee.
These examples are only a starting point. Category requirements and supporting evidence must be considered in light of each person’s circumstances.
Comparing Employment-Based Options
The right fit depends on your record, your plans in the United States, and whether an employer is involved. EB-1 and EB-2 NIW each have separate eligibility standards and evidence requirements.
EB-1A is a self-petition option for people who meet the extraordinary ability standard and plan to continue working in their field in the United States. A job offer is not required.
EB-1B and EB-1C petitions are filed by a U.S. employer. EB-1B concerns qualifying outstanding professors and researchers; EB-1C concerns certain multinational managers and executives.
An NIW applicant must first qualify for EB-2 and then establish that the waiver is justified under the national-interest test. If eligible, the applicant may self-petition without an employer sponsor and request a waiver of the job offer and labor certification requirements.
Many other EB-2 cases involve a U.S. employer offering a permanent job and obtaining labor certification, subject to the requirements that apply to the case.
Some people may have more than one possible route, but each petition must meet its own standard. After I-140 approval, the priority date and visa availability can affect when an applicant may seek permanent residence.
Six-Step Petition Path
The steps and supporting documents depend on the category, the applicant’s circumstances, and whether an employer files the petition.
Discuss Your Immigration GoalsConsider your education, career, plans in the United States, and whether an employer may sponsor you.
Review which category requirements may be relevant. Your circumstances and available evidence help determine which routes may be worth exploring.
Documents vary by category and may include degrees, employment records, publications, awards, letters from people familiar with your work, evidence of contributions, business records, or a proposed endeavor plan.
The applicant or U.S. employer files Form I-140, Immigrant Petition for Alien Workers, with supporting documents. Who files depends on the category.
USCIS may request more information. A response must address the request and be submitted by the deadline stated on the notice.
When a visa is available, an eligible applicant may apply for adjustment of status in the United States or complete consular processing abroad. I-140 approval alone is not a Green Card or work authorization.
Thoughtful Petition Preparation
These petitions ask for more than a résumé. The evidence needs to show how a person’s experience and plans meet the rules for the specific category. Reviewing the case carefully at the start can help identify what needs explanation and which records may be useful.
We can help you:
Understand the differences among EB-1, EB-2, and NIW options.
Identify evidence relevant to the requirements of a potential category.
Organize professional, academic, business, or employment records.
Understand employer sponsorship and self-petition options.
Prepare for petition steps and respond to immigration notices.
USCIS decides each petition on its own record. No filing strategy can promise approval. Processing time and visa availability are separate issues that may affect the path after the I-140 decision.
EB-1, EB-2 & NIW Questions
EB-1 covers people with extraordinary ability, certain professors and researchers, and qualifying multinational managers and executives. EB-2 is for certain advanced-degree professionals and people with exceptional ability. The categories use different standards and call for different evidence.
Yes. EB-1A does not require an employer or job offer. You still need to show that you meet the extraordinary ability standard and plan to continue working in your field in the United States.
A National Interest Waiver is a request for USCIS to waive the EB-2 job offer and labor certification requirements. The applicant must qualify for EB-2 first and then meet the NIW standard.
Yes. An NIW applicant may file Form I-140 on their own behalf. They must establish both EB-2 eligibility and that the waiver is justified.
No. The degree may satisfy one part of EB-2 eligibility. The applicant must also make a separate case for the waiver, based on the proposed endeavor and supporting evidence.
EB-1 categories generally do not require PERM. An NIW, if approved, waives the job offer and labor certification requirements for that EB-2 case. Many other employer-sponsored EB-2 petitions require PERM.
There is no single timeline. Processing depends on the category, USCIS workload, and whether the agency asks for more evidence. Visa availability and the choice between adjustment of status and consular processing also affect the overall wait.
An eligible spouse and unmarried children under 21 may generally apply as derivative beneficiaries. Their eligibility and timing depend on the case and applicable rules.
No. I-140 approval is a petition decision. The applicant must still qualify to apply for permanent residence through adjustment of status or an immigrant visa, and a visa must be available.
E-Z Immigration assists with employment-based immigration matters, including EB-1, EB-2, and National Interest Waiver cases. Contact us to talk through your background and what you hope to do in the United States.
Thinking about an employment-based Green Card? Your work history, accomplishments, plans, and possible employer sponsorship all matter when comparing EB-1 and EB-2 options.
Contact E-Z Immigration to discuss whether an EB-1, EB-2, or NIW petition may fit your circumstances.
Disclaimer: This page provides general information and does not constitute legal advice. Immigration requirements and visa availability may change. Services provided depend on the specific engagement and applicable professional qualifications.
